Thread: Wild Garlic
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Old 08-05-2003, 10:08 PM
Anthony E Anson
 
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Default Wild Garlic

The message
from "Druss" contains these words:

No, you can pick flowers and fruits of plants that aren't on the highly
protected list.

See http://www.naturenet.net/law/wcagen.html#plants


This does say that it's not part of the law rather it's part of "common law"
which is a strange beast at best. Also says you can only do this on public
land. Guess trespass would come into the picture otherwise, that and
scrumping !.


I am sure they "could" prosecute if they wished, but don't bother due to the
uproar it would cause, but until someone tries it I guess i'll never be
sure.


Trespass is a Common Law offence, and unless you commit a crime while
trespassing you cannot be prosecuted - this only applies to the criminal
law - you can only be sued. Damages for common trespass, if awarded,
generally amount to something like one penny, and the costs are usually
borne by the litigants.

However, theft, damage, poaching etc can result in the serious
(criminal) charge of Aggravated Trespass, which can result in heavy
fines, imprisonment and confiscation of any tools used in its execution
- which includes a vehicle.

As long as one is going with the intention of committing an offence, one
is committing trespass on the public highway too, so one does not have
to be caught in delicto flagrante.

--
Tony
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